Larson v. Minnesota Department of Human Services

Background

Hollis J. Larson, who is representing himself, moved for appointment of counsel. He argued that he could not afford a lawyer, had limited resources for legal research and fact discovery because he is a civilly committed detainee, and has mental disabilities that would make self-representation difficult. Larson had previously filed an identical motion, which the court denied.

Court’s reasoning

The court explained that civil litigants do not have a constitutional or statutory right to appointed counsel. Appointment is instead discretionary. Relevant considerations include the factual and legal complexity of the case, the person’s ability to investigate facts and present claims, and whether conflicting testimony is likely.

The court acknowledged Larson’s concerns about discovery and possible dispositive motions but found that appointment was not necessary. It determined that the factual and legal issues were not particularly complex and that Larson had demonstrated an ability to litigate effectively because some of his claims survived the defendants’ motion to dismiss. The court also stated that the difficulties of conducting depositions while detained were not insurmountable because the rules allow written depositions and video platforms can be used for oral depositions.

Disposition

The court denied Larson’s motion for appointment of counsel. It separately referred him to the Minnesota Chapter of the Federal Bar Association’s Pro Se Project because volunteer legal assistance could be helpful during discovery. The referral was voluntary and could allow Larson to consult with a volunteer attorney without being charged for the consultation.